Weber v. Fowler

Roosevelt, Justice.

Prior to the statutory provision, contained in the Revised Statutes, (2 R. S. 174, § 76,) on the subject of purchases of real estate during'the pendency ofisuits, it was the. established rule of courts of equity, that such purchasers, whether notified or not, took their titles subject to the result of the litigation. The rule, although seemingly necessary to give effect to chancery decrees and to obviate the inconvenience of a constant change qf parties, at times worked great injustice to innocent persons, and induced at last the interference of the legislature.

By the act…